Garnishee proceeding

[garnishment-a judicial proceeding in which a creditor (or potential creditor) asks the court to order a third party who is indebted to or is bailee for the debtor to turn over to the creditor any of the debtor’s property (such as wages or bank accounts) held by that third party.
Garnishee – a person or institution (such as a bank) that is indebted to or is bailee for another whose property has been subjected to garnishment.
garnish-to subject (property) to garnishment]

Usually a garnishee is a third party who is indebted to the judgment holder, usually that garnishee must be within the jurisdiction of the court.

So if you want to execute against a person and they have no money but you know there is a third person who owes them money, you can executive against the debt by instituting garnishee proceedings.

Instead of ordering attachment of debt the court may order Ganishee to show cause why he should not be the decree holder the debt due to him from the JD.  Alternatively instead of the order nisi the court may choose may require to show cause why the property should not be attached in satisfaction of the decree, the order must be served on Ganishee 7 days before the date of hearing.  If the Ganishee does not appear for hearing of the Order nisi, the court may order that decree be levied against the property or to be served on Ganishee personally.

For purposes of Ganishee proceedings a credit in a deposit in a bank or building society can be attached notwithstanding that the following apply to the account
Notice Required before any money is withdrawn
that a personal application must be made before any money is withdrawn;
a deposit  book must be produced before any money is withdrawn; or
that a receipt for money deposited in the account must be produced before any money is withdrawn.

Whatever the conditions, once the order is issued, then it will bind the bank or financial institution irrespective of what that institution may have set for the operation of that account.


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